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2026 Supreme(Online)(Tel) 3119

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
B.HEMASUNDER RAO – Appellant
Versus
Sri Vijay Chit Fund (Karimnagar) Pvt. Ltd – Respondent
CRP 119/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL REVISION PETITION No.119 OF 2026 DATE : 23.01.2026 Between:

B.Hemasunder Rao & Others …Petitioners AND Sri Vijay Chit Fund (Karimnagar) Pvt.Ltd, &Others …Respondents

ORDER:

This Civil Revision Petition is filed calling into question the legality and propriety of the salary attachment order dated 13.11.2025, passed in E.P. No.408 of 2025 in A.R.B. No.270 of 2024 by the learned Junior Civil Judge, Karimnagar.

2. Heard Sri Rajesh Bathula, learned counsel appearing on behalf of the petitioners.

3. The principal grievance urged by the petitioners is that the Executing Court proceeded to issue an attachment warrant against their salaries without prior service of notice upon them. He further submits that the petitioners are willing and ready to discharge the decretal dues and seek reasonable indulgence by way of grant of time, proposing a schedule of payment within a period of three months. On the aforesaid premise, a prayer is made to suspend or hold in abeyance the attachment warrant, subject to compliance with such payment schedule.

4. I have carefully perused the material available on record and have given due consideration to the submissions advanced.

5. The record discloses that the Arbitral Award was passed in February, 2024, and the present Execution Petition came to be instituted in October, 2025. It is, therefore, manifest that the Execution Petition has been filed well within a period of two years from the date of the award.

6. Under Order XXI Rule 22 of the Code of Civil Procedure, 1908, issuance of a show-cause notice to the judgment-debtor is mandatory only where execution is sought after the expiry of two years from the date of the decree or award. When execution proceedings are initiated within the said statutory period, the Executing Court is not obliged to issue notice prior to taking coercive steps, including issuance of attachment warrant.

7. In the present case, as the execution has been levied within the permissible time prescribed under law, no procedural irregularity or illegality can be attributed to the action of the Executing Court in issuing the attachment warrant. The contention raised by the petitioners regarding non-service of notice, therefore, does not merit acceptance.

8. In view of the above legal position, this Court finds no tenable ground warranting interference under the revisional jurisdiction, much less for admission of the Civil Revision Petition. However, it is made clear that the petitioners are at liberty to approach the Executing Court with an appropriate application seeking time for payment or proposing a payment schedule, and the Executing Court shall consider the same in accordance with law.

9. Accordingly, the Civil Revision Petition is disposed of, with the above liberty. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any pending, shall stand closed.

_______________ N.TUKARAMJI, J Date: 23.01.2026 CHS THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL REVISION PETITION No.119 of 2026 Dated: 23.01.2026 CHS

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